Child Welfare Services

ORS 418.205
Definitions for ORS 418

As used in ORS 418.205 (Definitions for ORS 418) to 418.327 (Licensing of private residential boarding schools), 418.330 (Payments to adoptive parents or guardians), 418.470 (Authority to pay for shelter-care homes), 418.475 (Independent residence facilities), 418.950 (Definitions for ORS 418) to 418.970 (ORS 418) and 418.992 (Civil penalty) to 418.998 (Disposition of penalties), unless the context requires otherwise:

(1)

“Child” means an unmarried person under 21 years of age who resides in or receives care or services from a child-caring agency.
(2)(a) “Child-caring agency”:

(A)

Means any private school, private agency, private organization or county program providing:

(i)

Day treatment for children with emotional disturbances;

(ii)

Adoption placement services;

(iii)

Residential care, including but not limited to foster care or residential treatment for children;

(iv)

Residential care in combination with academic education and therapeutic care, including but not limited to treatment for emotional, behavioral or mental health disturbances;

(v)

Outdoor youth programs; or

(vi)

Other similar care or services for children.

(B)

Includes the following:

(i)

A shelter-care home that is not a foster home subject to ORS 418.625 (Definitions for ORS 418) to 418.645 (Appeal from decision of department);

(ii)

An independent residence facility as described in ORS 418.475 (Independent residence facilities) that meets the standards established by the Department of Human Services by rule to be considered a child-caring agency;

(iii)

A private residential boarding school;

(iv)

A child-caring facility as defined in ORS 418.950 (Definitions for ORS 418); and

(v)

A secure transportation services provider that transports or provides escort services for children on the highways of this state along a route that begins or ends in this state to or from a school, agency, organization or program described in subparagraph (A) of this paragraph, if the school, agency, organization or program is located in this state or in any other state.

(b)

“Child-caring agency” does not include:

(A)

Residential facilities or foster care homes certified or licensed by the Department of Human Services under ORS 443.400 (Definitions for ORS 443) to 443.455 (Civil penalties), 443.830 (Definitions for ORS 443) and 443.835 (Certificate required) for children receiving developmental disability services;

(B)

Any private agency or organization facilitating the provision of respite services for parents pursuant to a properly executed power of attorney under ORS 109.056 (Delegation of certain powers by parent or guardian). For purposes of this subparagraph, “respite services” means the voluntary assumption of short-term care and control of a minor child without compensation or reimbursement of expenses for the purpose of providing a parent in crisis with relief from the demands of ongoing care of the parent’s child;

(C)

A youth job development organization as defined in ORS 344.415 (Definitions for ORS 344);

(D)

A shelter-care home that is a foster home subject to ORS 418.625 (Definitions for ORS 418) to 418.645 (Appeal from decision of department);

(E)

A foster home subject to ORS 418.625 (Definitions for ORS 418) to 418.645 (Appeal from decision of department);

(F)

A facility that exclusively serves individuals 18 years of age and older; or

(G)

A facility that primarily serves both adults and children but requires that any child must be accompanied at all times by at least one custodial parent or guardian.

(3)

“Child-caring facility” has the meaning given that term in ORS 418.950 (Definitions for ORS 418).
(4)(a) “County program” means any county operated program that provides care or services to children:

(A)

In the custody of the Department of Human Services or the Oregon Youth Authority; or

(B)

Under a contract with the Oregon Health Authority.

(b)

“County program” does not include any local juvenile detention facility that receives state services provided and coordinated by the Department of Corrections under ORS 169.070 (Coordination of state services by Department of Corrections).

(5)

“Governmental agency” means an executive, legislative or judicial agency, department, board, commission, authority, institution or instrumentality of this state or of a county, municipality or other political subdivision of this state.

(6)

“Independent residence facility” means a facility as described in ORS 418.475 (Independent residence facilities).
(7)(a) “Outdoor youth program” means a program that provides, in an outdoor living setting, services to children who have behavioral problems, mental health problems or problems with abuse of alcohol or drugs.

(b)

“Outdoor youth program” does not include any program, facility or activity:

(A)

Operated by a governmental entity;

(B)

Operated or affiliated with the Oregon Youth Corps;

(C)

Licensed by the Department of Human Services under other authority of the department; or

(D)

Operated by a youth job development organization as defined in ORS 344.415 (Definitions for ORS 344).

(8)

“Private” means not owned, operated or administered by any governmental agency or unit.

(9)

“Private residential boarding school” means either of the following as the context requires:

(a)

A child-caring agency that is a private school that provides residential care in combination with academic education and therapeutic care, including but not limited to treatment for emotional, behavioral or mental health disturbances; or

(b)

A private school providing residential care that is primarily engaged in educational work under ORS 418.327 (Licensing of private residential boarding schools).

(10)

“Proctor foster home” means a foster home certified by a child-caring agency under ORS 418.248 (Certification of proctor foster homes) that is not subject to ORS 418.625 (Definitions for ORS 418) to 418.645 (Appeal from decision of department).

(11)

“Provider of care or services for children” means a person, entity or organization that provides care or services to children, regardless of whether the child is in the custody of the Department of Human Services, and that does not otherwise meet the definition of, or requirements for, a child-caring agency. “Provider of care or services for children” includes a proctor foster home certified by a child-caring agency under ORS 418.248 (Certification of proctor foster homes).

(12)

“Qualified residential treatment program” means a program described in ORS 418.323 (Qualified residential treatment program).

(13)

“Secure transportation services provider” means a private organization or person that provides secure transportation or secure escort services for children to or from a school, agency, organization or program described in subsection (2)(a)(A) of this section, if the school, agency, organization or program is located in this state or in any other state.

(14)

“Shelter-care home” has the meaning given that term in ORS 418.470 (Authority to pay for shelter-care homes). [Formerly 419.101; 1975 c.310 §1; 1983 c.510 §1; 1999 c.316 §3; 2001 c.809 §1; 2001 c.900 §117; 2007 c.70 §198; 2010 c.60 §1; 2011 c.278 §1; 2013 c.131 §4; 2016 c.106 §1; 2017 c.30 §2; 2017 c.244 §1; 2017 c.448 §1; 2019 c.209 §7; 2019 c.513 §1; 2019 c.619 §8; 2020 s.s.1 c.19 §§15a,15b; 2021 c.59 §3; 2021 c.672 §15]
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Last accessed
Mar. 11, 2023

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